Section 824.238 - Division of costs between railroad and public authorityThe following costs shall be divided between the railroad and the public authority in interest in such proportion as the Department of Transportation finds just and equitable under the circumstances in each case:
(1) That portion of the cost of any alteration or change resulting in the elimination of a grade crossing under ORS 824.206(1) by reason of relocation of the highway which is directly chargeable to the grade elimination.(2) The costs of construction, change, alteration, abolition and relocation of any grade crossing involved in a proceeding arising under ORS 824.204, 824.206 or 824.226.(3) The costs of maintenance of crossings above or below grade under ORS 824.206 and 824.210.(4) Any cost otherwise apportionable under the terms of ORS 824.242 to 824.246 or 824.248(1) to the extent that funds are not available from the Grade Crossing Protection Account.